HB 2680
Initials NM/DC Page 1 Judiciary
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
HB 2680: sentencing enhancements; vulnerable; incapacitated; adult.
Sponsor: Representative Way, LD 15
Committee on Judiciary
Overview
Modifies the sentencing ranges for certain felony offenses committed against vulnerable
adults or incapacitated persons.
History
A vulnerable adult is an individual at least 18 years of age, who is unable to protect himself
due to mental or physical impairment (A.R.S. § 13-3623).
An incapacitated person, is any person who is mentally or physically impaired and lacks
proper understanding of their decisions, due to illness, intoxication or other causes (A.R.S. §
14-5101).
Statute prescribes sentencing ranges for felony offenders. A first-time felony offender may be
sentenced within the following ranges:
1) for a class 6 felony, between six months and one and a half years;
2) for a class 5 felony, between nine months and two years;
3) for a class 4 felony, between one and a half years and three years;
4) for a class 3 felony, between two and a half years and seven years; and
5) for a class 2 felony, between 4 years and 10 years (A.R.S. § 13-702).
Provisions
1. Asserts that an individual who is at least 18-years of age or tried as an adult, and is
convicted of any felony knowingly committed against a vulnerable or incapacitated adult,
will not be eligible for sentence suspension or early confinement release. (Sec. 1)
2. Outlines exceptions for sentence suspension and early confinement release. (Sec. 1)
3. Increases the minimum, presumptive and maximum sentences by three years for a class
4, 5, or 6 felony and five years for a class 2 or 3 felony, in addition to any applicable
enhanced sentences. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note